Local Government Act, 1991

Report on preparations for establishment of proposed councils.

23.—(1) (a) The area managers shall prepare jointly during the appropriate period a preliminary report (in this Part referred to as “the reorganisation report”) outlining the general arrangements that would require to be made in preparation for—

(i) the abolition of the county and its division into three administrative counties (in this Part referred to as “the proposed counties”) the areas of which would be conterminous with the committee districts and the abolition of the borough,

(ii) the establishment of a council in respect of each of those three administrative counties (in this Part referred to as “the proposed councils”) and the making of provision for their functions and their assets and liabilities, and

(iii) the dissolution of the existing authorities,

and outlining the arrangements for consequential matters.

(b) The reorganisation report shall specify the administrative and organisational measures (including transitional measures) which would be required for the purposes of the arrangements aforesaid and shall include proposals which would allow for the implementation of those measures on a phased and orderly basis, utilising the administrative and organisational arrangements of the area committees and their committee districts.

(2) In preparing the reorganisation report—

(a) each area manager shall consult with his area committee and the area managers shall jointly consult with the Dublin City Manager and Town Clerk and Dublin County Manager,

(b) regard shall be had to—

(i) the need to ensure, in so far as possible, that the total costs, and the total numbers and costs of staff, of the proposed councils do not exceed those of the existing authorities,

(ii) the need to ensure that the services to be provided by the proposed councils will be organised economically, effectively and efficiently, and

(iii) the need to provide, for the purposes aforesaid, for the co-ordination, where appropriate, of the provision of the services aforesaid.

(3) Without prejudice to the generality of the foregoing, the reorganisation report shall include—

(a) a description of the arrangements considered necessary in order to effect the transfer from the existing authorities to the proposed councils of—

(i) staff, and

(ii) assets and liabilities,

(b) a description of the kind, and an estimate of the extent, of the accommodation considered to be likely to be required by the proposed councils and an outline of the transitional arrangements considered to be necessary as respects those requirements,

(c) an estimate of the income and expenditure of each of the proposed councils and of the extent and nature of any consequential financial adjustments,

(d) an outline of the co-ordination that should be effected in the performance of their functions or specified such functions (including the specification of any particular service that it is considered should be provided jointly) by—

(i) any two or more of the proposed councils, or

(ii) any one or more of the proposed councils and Dublin Corporation,

and of the arrangements considered to be necessary in order to effect such co-ordination,

(e) such preparatory, transitional, organisational, procedural and administrative measures as it is considered should be taken in relation to the existing authorities or any one or more of their functions in anticipation and for the purposes of the establishment of the proposed councils, and

(f) an outline, study or analysis of such other matters as are considered appropriate or the Minister may specify.

(4) (a) Copies of the reorganisation report shall be transmitted to the Dublin authorities, the area committees and the Minister.

(b) Each Dublin authority and area committee shall, as soon as may be after the receipt by it of a copy of the reorganisation report, make such submissions (if any) to the Minister as it deems appropriate in relation to the report and the Minister shall consider any submissions so made.

(5) In this section “the appropriate period” means the period of six months commencing on the day on which the area committees or, as may be appropriate, the last of them are or is established or such longer period (if any) as may be fixed by resolution of the County Council.